Second Shooter Service Agreement

1. Overview: This is an Agreement between Parties: Kirsty Kay Photography, THE PRIMARY, and an independent contractor whose name and address appears above, here in after the CONTRACTOR. This Agreement becomes effective upon submission below. 2. Position: The CONTRACTOR agrees to work for the PRIMARY as a work-for-hire independent contractor providing Wedding Photography related services on an ‘as needed’ basis. The CONTRACTOR is a freelance working for himself/herself 3. Assignment: This assignment, as well as any future assignments, is and will be contracted on a case-by-case basis only. the PRIMARY is under no obligation to guarantee Contractor any minimum number of contracts or any minimum number of hours. All work performed by Contractor for the PRIMARY shall be governed by the covenants of this Agreement. 3. Independent Contractor: The CONTRACTOR and the PRIMARY specifically agree that the CONTRACTOR is performing the services as an independent contractor and is not an employee of the PRIMARY. Nothing in this Agreement shall be construed as creating an employer-employee relationship. Contractor further agrees to be responsible for all of his/her own insurance. 4. Compensation: Contractor shall be paid the amount detailed in a photo UPON SUCCESSFUL TRANSFER OF ALL PHOTOS TO PHOTOGRAPHER. Rate and hours are to be agreed upon in writing before the event. 5. Delivery of images: CONTRACTOR agrees to transfer all photos he/she took at the listed event immediately upon completion of the event or a few days after the event. If CONTRACTOR used his/her own memory cards, he/she shall make those cards available to Photographer for download immediately upon completion of the event. CONTRACTOR shall be paid for his/her services only upon successful transfer of all photos and/or memory cards to Photographer. 6. Copyright & Reproduction Rights: The CONTRACTOR's assignment is work for hire. As such, the copyrights of the images produced by him/her belong to the PRIMARY. CONTRACTOR agrees not to sell any image taken during the contracted event to any person, company, group, advertising agency, or otherwise, without Photographer's express written permission. The PRIMARY grants CONTRACTOR permission to use the images taken during the contracted event for CONTRACTOR 's professional use in the following manner: Print portfolio, website (including but not limited to blog, Facebook, Twitter, etc.) only after 6 months or after the PRIMARY has uploaded the event on their social media, whichever occurs first. The only exclusion to this is if a blog or magazine would like exclusivity of the images in this case the PRIMARY will notify the CONTRACTOR as soon as possible and as to when they can feature the images as above. Any Web use shall include an accompanying "Photographed for Kirsty Kay Photography" credit line. Any use that exceeds this limited scope is strictly prohibited. 7. Exclusivity: CONTRACTOR understands that he/she represents Kirsty Kay Photography and not any other business while completing assignments for The PRIMARY. While directly working for The PRIMARY, the CONTRACTOR will not advertise his/her own business, will not solicit work for him/herself, and will only distribute the Photographer's business cards, name, and marketing materials. 8. Confidentiality: Contractor understands that all materials, price lists, contracts, financial documents, agreements, and other information or documents that are given to him/her in the scope of his/her assignments, are the exclusive property of The PRIMARY, and are privileged, confidential information. The CONTRACTOR agrees not to reveal this information to anyone, nor to use this information to the detriment of the PRIMARY, in any way. 9. Liability: The CONTRACTOR warrants that he/she is liable for any loss or any other financial liability suffered by The PRIMARY, due to a failure to perform, other than a documented medical emergency or "Act of Nature." The PRIMARY, is not liable for any loss or damage to the CONTRACTOR’s equipment under this contract. 10. Equipment: The CONTRACTOR is responsible for providing all of his/her own equipment with which to complete the assignment. 11. Description of services: For each Event, CONTRACTOR shall: - Arrive no later than fifteen (15) minutes prior to the start time stated by the Event Client(s) - Provide his/her own equipment and supplies - Capture images for the scheduled duration of the Event as specified by the PRIMARY - Deliver the Event images (RAW) to the PRIMARY following the end of the Event. - Dress in wedding appropriate attire - Capture high-quality images in a professional manner in keeping with industry standards. Should CONTRACTOR perform the Photography Services on the day of the Event but fail to deliver the images for any reason (including, but not limited to, the loss of digital files or other media or the failure of CONTRACTOR's equipment) or should the images be of a poor quality not within professional standards, such failure to deliver the images or perform the Services in a professional manner shall constitute a material breach of the terms of this Agreement, subjecting CONTRACTOR to monetary damages as a result of the breach, including but not limited to, full or partial waiver of CONTRACTOR's Fee for that Event, in addition to reimbursement to the PRIMARY of any sums that Kirsty Kay Photography must refund to the Client(s) as a result of CONTRACTOR's acts or omissions and/or the costs incurred by the PRIMARY to remedy the situation (such as additional editing/color correction or restoration of damaged or deleted files by a third party company). The agreement constitutes the entire agreements between the parties. Any modification of this agreement must be in writing and signed by both parties. If any provision of this agreement is declared invalid, then the remainder of the agreement will remain in force and affect.